Raja Babu Chaudhary @ Raja Babu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65437 of 2019 Arising Out of PS. Case No.-132 Year-2018 Thana- PIPRAHI District- Sheohar ====================================================== RAJA BABU CHAUDHARY @ RAJA BABU KUMAR Son of Prabhu Chaudhary Resident of Village-Ward no.4, Barawa Kharaha, Chainpur, P.S.- Kundwa Chainpur, District-East Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yogesh Kumar For the Opposite Party/s :

Mr.Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-11-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Piprahi P.S. Case No. 132 of 2018 for the offences registered under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 38, 41 and 47 of the Bihar Excise Act (Prohibition) Amendment Act, 2016.

The allegation is regarding the Police having apprehended a Maruti Omni vehicle from which 474 litres of illicit Nepali wine was recovered. As far as the petitioner is concerned, the only allegation is that one co-accused person namely Sanjay Sah who was arrested at the spot, has confessed that the said wine was being carried on the instructions of the petitioner herein and he is engaged in the illicit liquor business. The learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.65437 of 2019(3) dt.16-11-2019 2/2 no offence under the provisions of the Bihar Excise Act (Prohibition) Amendment Act is made out against the petitioner herein inasmuch as neither any recovery has been made from the house of the petitioner nor the vehicle in question belongs to the petitioner and the petitioner has merely been implicated in the present case on the basis of the confessional statement made by the accused person namely Sanjay Sah. The petitioner is stated to be having a fair antecedent except one case in which he is on bail. Having regard to the facts and circumstances of the case, the petitioner, above named, in the event of his arrest/surrender before the court below within a period of four weeks from today, is directed to the released on bail upon furnishing bail bond of Rs.

10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1 st Additional District and Sessions Judge-cum-Special Judge, Excise, Sheohar in connection with Piprahi P.S. Case No. 132 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T